Notice to Vacate VIC: Complete Guide for Landlords

If you’re a rental provider in Victoria and you need a renter to leave your property, you cannot simply ask them to go. You must issue a formal notice to vacate — using the prescribed government form, for a valid reason listed in the Residential Tenancies Act 1997, with the correct minimum notice period, and in many cases with specific documentary evidence attached. Get any of these wrong and your notice is invalid.

This has always been a tightly regulated area, but the rules changed significantly on 25 November 2025. Victoria banned no-fault evictions entirely, extended most notice periods from 60 to 90 days, and removed the ability to issue a notice to vacate simply because a fixed-term agreement is ending. If you’re still operating under the old rules — or relying on outdated templates — you risk issuing a notice that has no legal effect.

This guide covers every valid reason you can issue a notice to vacate, the minimum notice period for each, the documentary evidence you need to attach, how to serve the notice correctly, what happens if the renter doesn’t leave, and the common mistakes that get notices thrown out at VCAT.

If you’re dealing with a tenancy that may end in formal notice, keep the VIC lease agreement guide and broader VIC residential tenancies act guide guides nearby. If money is likely to be disputed at the end, our VIC rental bond guide guide is the next page to read.

The No-Fault Eviction Ban — What Changed on 25 November 2025

Before the November 2025 reforms, rental providers could issue a “no reason” notice to vacate at the end of a fixed-term agreement under sections 91ZZD and 91ZZDA of the Act. This meant that even if a renter had done nothing wrong, they could be asked to leave once their fixed term expired — or at any time on a periodic tenancy — simply by giving the required notice period.

Both of those sections have been repealed. They no longer exist in the Act. This means you cannot end a tenancy simply because a lease is expiring or because you want a change of renter. You must have a specific, valid reason — and that reason must be one of the grounds listed in the Act.

The practical effect: when a fixed-term agreement ends, it automatically becomes a periodic (month-to-month) tenancy unless you and the renter agree to enter a new fixed-term agreement, or you issue a notice to vacate for a valid reason. You cannot force a renter onto a new fixed term, and you cannot end the tenancy without grounds.

At the same time, the minimum notice period for most no-fault reasons was extended from 60 days to 90 days. This applies to notices for sale of property, renovation or repairs, demolition, change of use, family member moving in, and public purposes.

Valid Reasons to Issue a Notice to Vacate

Every notice to vacate must state a reason. If the reason you give is not one of the specific grounds listed in the Act, the notice is invalid and has no legal effect.

The valid reasons fall into two broad categories: reasons where the renter is at fault (breach-based), and reasons unrelated to the renter’s behaviour (no-fault). The notice periods and evidence requirements differ significantly between these two categories.

Breach-Based Reasons (Renter at Fault)

These are situations where the renter has done something — or failed to do something — that gives you grounds to end the tenancy. The notice periods are shorter because the renter’s conduct is the cause.

Serious damage to the property (s91ZI) — Immediate. If the renter or their visitor has intentionally or recklessly caused serious damage to the premises, including safety equipment or common areas, you can issue a notice to vacate with immediate effect. This is one of only three grounds for immediate notice.

Danger to others (s91ZJ) — Immediate. If the renter or their visitor has endangered the safety of neighbours, you, your agent, or your contractors or employees, the notice can be immediate.

Premises unfit or destroyed (s91ZL) — Immediate. If the premises are unfit for human habitation, totally destroyed, or destroyed to the extent that they are unsafe, the notice is immediate. This protects both parties when the property is uninhabitable.

Threats and intimidation (s91ZK) — 14 days. If the renter or another person occupying the premises has seriously threatened or intimidated you, your agent, your contractor, or your employee, you must give at least 14 days’ notice.

Non-payment of rent (s91ZM) — 14 days. If the renter owes at least 14 days’ rent, you can issue a 14-day notice to vacate. However, this reason has a critical nuance that many rental providers get wrong — see the section below on the “five strikes” rule.

Unpaid bond (s91ZN) — 14 days. If the renter has not paid the bond required under the rental agreement, you can give 14 days’ notice.

Failure to comply with a VCAT order (s91ZO) — 14 days. If the renter has failed to comply with a compliance order made by VCAT under section 212 of the Act, 14 days’ notice is required.

Successive breaches (s91ZP) — 14 days. If the renter has breached the same duty provision under Part 5 of the Act on three or more occasions, and you have issued a breach of duty notice for each previous breach, you can issue a 14-day notice to vacate.

Illegal use of premises (s91ZQ) — 14 days. If the renter has used the premises, or permitted their use, for an illegal purpose, 14 days’ notice is required.

Drug-related conduct in public housing (s91ZR) — 14 days. This applies only to public housing and covers drug-related activity on the premises or in common areas.

Prescribed indictable offence in public housing (s91ZS) — 14 days. Also limited to public housing — applies when the renter has committed a prescribed indictable offence on the premises or in common areas.

Child residing in premises (s91ZT) — 14 days. If the rental agreement includes an additional term stating that a child under 16 must not occupy the premises, and a child under 16 is living there, 14 days’ notice applies.

False statement to housing authority (s91ZU) — 14 days. If the renter knowingly gave false or misleading information to a public statutory housing authority to obtain the tenancy, 14 days’ notice is required.

Assignment or subletting without consent (s91ZV) — 14 days. If the renter has assigned or sublet part or all of the premises without your permission, 14 days’ notice applies.

Pet kept without consent after VCAT order (s91ZZG) — 28 days. This is not simply about a renter keeping a pet without asking. It only applies if VCAT has made an order excluding the pet from the premises, at least 14 days have passed since the order took effect, and the renter has not complied with the order.

No-Fault Reasons (Not the Renter’s Fault)

These are situations where you have a legitimate reason to end the tenancy that has nothing to do with the renter’s behaviour. Since 25 November 2025, the notice period for the most common no-fault reasons — renovation, demolition, business use, family member moving in, sale, and public purposes — was extended from 60 to 90 days. Most no-fault reasons also require documentary evidence. The exceptions to the 90-day rule are noted below.

Rental provider resuming principal place of residence (s91ZW) — 14 days. This is a notable exception to the 90-day standard. If the premises were your principal place of residence immediately before the renter moved in (and this was stated in the rental agreement under “additional terms”), you can give just 14 days’ notice to resume occupancy. However, you can only use this if you have entered into no more than two rental agreements since the premises were your principal place of residence.

Repairs, renovation, or reconstruction (s91ZX) — 90 days. You can issue a notice if you intend to repair, renovate, or reconstruct the premises immediately after the renter vacates, you have obtained all necessary permits and consents, and the work cannot be properly carried out while the renter is living there. Documentary evidence is required.

Demolition (s91ZY) — 90 days. If you intend to demolish the premises immediately after the renter vacates and you have obtained all necessary permits and consents. Documentary evidence is required. You must not re-let the premises as a residence within 6 months of giving the notice, unless VCAT approves it.

Change of use / business purposes (s91ZZ) — 90 days. If the premises will be used for business or any purpose other than residential letting immediately after the termination date. Documentary evidence is required. The 6-month re-letting restriction also applies.

Rental provider or family member moving in (s91ZZA) — 90 days. If the premises will be occupied by you, your partner, child, parent, partner’s parent, or a dependent who normally lives with you. Documentary evidence is required. The 6-month re-letting restriction also applies — you cannot re-let to anyone other than the named family member within 6 months, unless VCAT approves it.

Property to be sold (s91ZZB) — 90 days. If the premises are to be sold or offered for sale with vacant possession immediately after the termination date. If you have already entered into a contract of sale, you must issue the notice within 14 days after the contract becomes unconditional. Documentary evidence is required. You cannot shorten the fixed term to give this notice. The 6-month re-letting restriction applies.

Premises required for public purposes (s91ZZC) — 90 days. If the premises are owned by a public statutory authority and are required for public purposes. Documentary evidence is required.

Renter no longer meets eligibility criteria (s91ZZE) — 90 days. If you are a public statutory housing authority and the renter no longer meets the published eligibility criteria for public housing.

NRAS and Victorian Affordable Housing Programs (s91ZZEA, s91ZZEB) — 90 days. If the renter no longer meets the eligibility criteria for the National Rental Affordability Scheme or Victorian Affordable Housing Programs.

Transitional housing — renter refuses alternative accommodation (s91ZZF) — 30 days. If the renter is in transitional housing and has unreasonably refused to seek alternative housing or refused a reasonable offer.

The Non-Payment of Rent Rules: What You Need to Know

The non-payment of rent ground (s91ZM) is by far the most common reason rental providers issue a notice to vacate, and it has the most complex rules. Getting these wrong is one of the fastest ways to have your notice invalidated at VCAT.

The key rules are as follows.

The renter must owe at least 14 days’ rent before you can issue the notice. If they owe 13 days, you cannot issue it yet. The notice must state the amount owing and the date rent is paid up to.

If this is the 1st, 2nd, 3rd, or 4th notice to vacate for non-payment within a 12-month period, the renter can cure the notice by paying all arrears before the termination date. If they pay in full before the termination date, the notice has no effect — as if it was never issued. This is not optional. The Act explicitly provides for it under section 91ZM, and VCAT must dismiss any possession order application if the arrears were paid before the termination date on notices 1 through 4.

From the 5th notice to vacate for non-payment within 12 months, the renter can no longer cure the notice by paying. Even if they pay the arrears in full, the notice remains in effect and you can proceed to apply for a possession order at VCAT.

An important detail: the “12-month period” is not a rolling window. Under section 91ZM(7), the 12-month periods are fixed windows that start from the first day of the rental agreement and run consecutively — so the count of notices resets at each agreement anniversary, not 12 months after the first notice.

You must number each notice. The prescribed form includes a field for the notice number. If you issue a 5th notice but haven’t correctly numbered the previous four, you may have difficulty proving at VCAT that this is indeed the 5th notice.

Evidence Requirements — What You Must Attach

For most no-fault reasons, the notice to vacate is not valid unless it is accompanied by documentary evidence approved by the Director of Consumer Affairs Victoria. This is a strict requirement under section 91ZZO(e) of the Act — if the required evidence is missing, the notice is invalid regardless of whether your reason is genuine.

The evidence requirements for each reason are published by Consumer Affairs Victoria. Here is what is currently required for the most common reasons.

Rental provider resuming residence (s91ZW): A copy of the rental agreement (showing the additional term stating the premises were your principal place of residence) and a witnessed statutory declaration confirming the date you intend to resume occupancy.

Repairs, renovation, or reconstruction (s91ZX): For repairs — photographic proof that repairs are required, plus a contract or quotation from a qualified tradesperson stating the nature of the repairs, why the premises must be vacated, and the estimated timeframe. For renovations — a building permit is required. Only a building permit satisfies the evidence requirement for renovations.

Demolition (s91ZY): A building permit for demolition and a contract with a qualified builder-demolisher stating the demolition date.

Change of use (s91ZZ): A witnessed statutory declaration of intention to use the premises for business purposes, including details of the business and a statement that the premises will not be re-let as a residence within 6 months. Plus at least one of: the business ABN, business registration or licence, or a council planning permit.

Family member moving in (s91ZZA): A witnessed statutory declaration stating either that you intend to reside in the premises, or the name and relationship of the family member who will occupy the premises, whether they are a dependent, and that you understand the 6-month re-letting restriction.

Sale of property (s91ZZB): One of: a signed and dated contract of sale, a contract of engagement or authority to sell with a licensed estate agent, or a contract of sale prepared by a conveyancer or Australian legal practitioner.

Public purposes (s91ZZC): Either acquisition details (public information) or a compulsory letter of acquisition from the government.

Statutory declarations must be witnessed. In Victoria, statutory declarations are made under the Evidence (Miscellaneous Provisions) Act 1958 and must be witnessed by an authorised witness such as a justice of the peace, legal practitioner, police officer, or other authorised person. An unwitnessed statutory declaration will not satisfy the evidence requirement.

How to Serve a Notice to Vacate

You must use the prescribed form: the Notice to vacate to renter/s of rented premises, available from the Consumer Affairs Victoria website. A letter, email, or text message in your own words — even if it contains all the right information — is not a valid notice.

The form is referenced in section 91ZZO(a) of the Act and Regulation 37 of the Residential Tenancies Regulations 2021. It consists of Part A (information for the renter, which you do not fill out — it explains their rights) and Part B (the actual notice, which you complete).

When completing the form, you must fill in the property address, all renter names, your details as the rental provider, the termination date, the specific reason for the notice (including the relevant section of the Act and specific factual details — not just a quote from the form), whether documentary evidence is attached, the delivery method, and your signature.

The notice can be delivered by registered post, hand delivery (personally to the renter), or electronic communication such as email — but only if the renter has previously given consent to receive notices and documents electronically.

If you are posting the notice, you must use registered post and you must allow for delivery time when calculating the termination date. The notice period starts when the renter receives the notice, not when you send it. Check Australia Post delivery estimates for your location and add that time to the minimum notice period.

The 6-Month Re-Letting Restriction

If you issue a notice to vacate under sections 91ZY (demolition), 91ZZ (business use), 91ZZA (family member moving in), or 91ZZB (sale), you are prohibited from re-letting the premises to anyone for use primarily as a residence for 6 months after the date the notice was given. This is an offence under section 91ZZH carrying penalties of up to 150 penalty units for an individual or 750 penalty units for a body corporate.

There are two exceptions: if the premises are being let to the family member named in the statutory declaration under section 91ZZA, or if VCAT determines that the premises may be let.

This means if you issue a notice to vacate because your daughter is moving in, then your daughter decides not to move in two months later, you cannot simply put the property back on the rental market. You would need to apply to VCAT for permission first.

Withdrawing a Notice to Vacate

If your circumstances change after issuing a notice to vacate, you cannot simply tell the renter to ignore it. Under section 91ZZQ of the Act, a notice to vacate can only be withdrawn if both you and the renter sign a written notice of withdrawal. A verbal agreement to withdraw the notice has no legal effect — the original notice remains valid and enforceable unless a signed written withdrawal is completed.

Mortgagee Notices

If your rental property is subject to a mortgage, be aware that a mortgagee (such as a bank) can independently issue a notice to vacate to your renter under section 91ZZK if they are entitled to possession of the premises or exercising a power of sale. The minimum notice period for a mortgagee notice is 60 days. This can happen without your involvement — the mortgagee deals directly with the renter. If you are at risk of mortgage default, your renter may receive a notice to vacate from your lender before you are aware of it.

What Happens If the Renter Doesn’t Leave

Issuing a valid notice to vacate does not automatically end the tenancy. The tenancy only terminates if the renter actually vacates the premises on or after the termination date, or if VCAT makes a possession order.

If the renter does not leave by the termination date, your next step is to apply to VCAT for a possession order. You cannot personally remove the renter. You cannot change the locks. You cannot cut off utilities. Any attempt to force the renter out without a VCAT order is an offence under section 91P of the Act.

At the VCAT hearing, the Tribunal will consider whether the notice to vacate was validly given and whether it is “reasonable and proportionate” to make a possession order. VCAT may consider the renter’s circumstances, including whether the notice was given in response to family or personal violence. For non-payment of rent, VCAT may consider whether the renter can comply with a payment plan.

If VCAT makes a possession order, it will specify a date by which the renter must leave. The renter can ask VCAT for more time if they will experience hardship. If the renter still does not leave after a possession order, you can apply for a warrant of possession. Only Victoria Police can carry out a forcible eviction, acting on a VCAT warrant.

For no-fault notices (sale, renovation, demolition, business use, family member, public purposes), the renter can lodge a standalone challenge to the validity of the notice at VCAT within 30 days after the notice is given (s91ZZS). For breach-based notices, the renter can challenge the notice’s validity at the possession order hearing itself. In either case, VCAT will determine whether the notice is valid before making any possession order.

Fixed-Term Agreements: Special Rules

For fixed-term agreements, there are additional restrictions on when you can issue a notice to vacate.

For no-fault reasons (sale, renovation, demolition, business use, family member, public purposes), a notice is of no effect if it specifies a termination date earlier than the end of the fixed term. In other words, you cannot use these reasons to end a fixed-term agreement early — the termination date must be on or after the date the fixed term expires.

For breach-based reasons (non-payment of rent, illegal use, damage, threats, etc.), you can issue a notice during the fixed term. These reasons are not subject to the restriction above because they relate to the renter’s conduct.

If you issue a no-fault notice to vacate during a fixed term (with a termination date on or after the end of the fixed term), the renter has the right to give you 14 days’ notice of intention to vacate at any time — even before the fixed term ends. This allows the renter to leave early without being locked into a lease they know is ending.

If the tenancy ends and money or damage is disputed, our VIC rental bond guide and VIC condition report guide guides explain the evidence side. If the dispute began with a fixed-term agreement, our VIC break lease guide guide is the other page most landlords usually need.

Common Mistakes That Get Notices Thrown Out

These are the errors we see most often. Some are procedural — others are substantive and will get your notice invalidated at VCAT.

Issuing a “No Reason” Notice

This is the most critical change from the November 2025 reforms. There is no longer any provision in the Act for a notice to vacate without a valid reason. If you issue a notice that does not state a valid reason — or states that the fixed-term agreement is simply ending — the notice is invalid. It has no legal effect and VCAT will not make a possession order based on it.

Missing or Insufficient Evidence

For notices under sections 91ZW through 91ZZC, documentary evidence is mandatory. If you issue a notice to vacate for sale of property but don’t attach a signed contract of sale, authority to sell, or contract of sale prepared by a conveyancer, the notice is invalid. If you issue a notice for renovations but attach a quotation instead of a building permit, the notice is invalid — only a building permit satisfies the requirement for renovations.

Not Using the Prescribed Form

A letter, email, or text message is not a valid notice to vacate, even if it contains all the required information. The Act requires the notice to be “in the relevant prescribed form” (s91ZZO(a)). The prescribed form is the official Notice to vacate form published by Consumer Affairs Victoria. Using an old version of the form — particularly one that still references the repealed sections 91ZZD and 91ZZDA — may also create problems.

Getting the Notice Period Wrong

The minimum notice period is calculated from the date the renter receives the notice, not the date you send it. If you post a 90-day notice by registered post and it takes 3 business days to arrive, the renter effectively has only 87 days from the date on the notice. The termination date must allow for both the minimum statutory period and the delivery time. Many rental providers calculate from the send date and end up with a notice that is technically short by a few days — which is enough for VCAT to find it invalid.

Not Providing Specific Details

The prescribed form requires you to state the reason for the notice and provide specific factual details. The form itself warns that “it is not enough to quote just from the Act or from the reasons on the information sheet; this must be accompanied by specific details.” VCAT may find a notice invalid if it lacks sufficient detail. For example, stating “I intend to sell the property” without any supporting detail or evidence is insufficient.

Issuing a Notice in Retaliation

A notice to vacate is invalid if it is given in response to the renter exercising or proposing to exercise a legal right. This includes requesting repairs, asking to have a pet, challenging a rent increase, or making a complaint. It is also invalid if it constitutes direct discrimination under the Equal Opportunity Act 2010. VCAT takes retaliatory notices seriously and will consider the timing and context of the notice.

Forgetting the Non-Payment of Rent Cure Rule

If you issue a notice for non-payment of rent and this is the 1st through 4th such notice in 12 months, the renter can make the notice void by paying all arrears before the termination date. If you proceed to VCAT without checking whether payment was made, the Tribunal must dismiss your application. Only from the 5th notice onwards does the “cure” option cease to apply.

Frequently Asked Questions About Notice to Vacate in Victoria

Can I evict a tenant in Victoria without a reason? No. Since 25 November 2025, Victoria has banned no-fault evictions. You must have a valid reason listed in the Residential Tenancies Act 1997 to issue a notice to vacate. The old “no reason” provisions (sections 91ZZD and 91ZZDA) have been repealed. If you issue a notice without a valid reason, it has no legal effect and VCAT will not make a possession order.

How much notice do I need to give a tenant to vacate in Victoria? It depends on the reason. For most no-fault reasons — sale of property, renovation, demolition, family member moving in, change of use, public purposes — you must give at least 90 days’ notice. For breach-based reasons like non-payment of rent, threats, illegal use, or failure to comply with a VCAT order, the minimum is 14 days. For serious damage, danger, or uninhabitable premises, the notice is immediate. There are also 28-day and 30-day notice periods for specific situations.

What form do I use for a notice to vacate in Victoria? You must use the prescribed Notice to vacate to renter/s of rented premises form from Consumer Affairs Victoria. It is available as a Word document from the CAV website. You cannot use a generic template, a letter, or an email — the Act requires the notice to be in the prescribed form, and a notice that is not in the correct form is invalid.

What happens if I issue a notice to vacate and the renter doesn’t leave? You must apply to VCAT for a possession order. You cannot personally remove the renter, change the locks, or cut off utilities. At the hearing, VCAT decides whether your notice was valid and whether it is reasonable and proportionate to order the renter to leave. If VCAT grants a possession order and the renter still doesn’t leave, you can apply for a warrant of possession — only Victoria Police can carry out a forcible eviction.

Can a renter challenge a notice to vacate? Yes. For no-fault notices (sale, renovation, demolition, business use, family member, public purposes), the renter can lodge a standalone challenge at VCAT within 30 days after the notice is given (s91ZZS). For breach-based notices, the renter can challenge the notice’s validity at the possession order hearing. Grounds for challenge include that the notice was not given properly, the reason is not genuine, the required evidence was not attached, the notice is retaliatory, or it constitutes unlawful discrimination. VCAT will determine whether the notice is valid.

What is the “five strikes” rule for unpaid rent? When you issue a notice to vacate for non-payment of rent (s91ZM), the renter can cancel the notice by paying all arrears before the termination date — but only for the first four notices within a 12-month period. From the 5th notice onwards, paying the arrears does not cancel the notice, and you can proceed to VCAT for a possession order even if the renter pays in full.

Can I end a fixed-term lease early in Victoria? Only for breach-based reasons. If the renter has not paid rent, caused serious damage, used the premises illegally, or committed another breach listed in the Act, you can issue a notice during the fixed term. For no-fault reasons (sale, renovation, family member), the termination date must be on or after the end of the fixed term — you cannot use these reasons to end the agreement early.

What is the 6-month re-letting restriction? If you issue a notice to vacate for demolition, business use, family member moving in, or sale, you must not re-let the premises as a residence for 6 months after the notice date. Breaching this restriction is an offence carrying penalties of up to 150 penalty units for an individual. The only exceptions are if you are letting to the named family member or if VCAT gives you permission.

Can I send a notice to vacate by email? Only if the renter has given prior consent to receive notices and documents electronically. This consent is typically recorded in the rental agreement. If the renter has not consented, you must deliver the notice by registered post or by hand.

What changed about notice periods in November 2025? The minimum notice period for most no-fault reasons increased from 60 days to 90 days. This applies to notices for repairs/renovation (s91ZX), demolition (s91ZY), business use (s91ZZ), family member moving in (s91ZZA), sale of property (s91ZZB), and public purposes (s91ZZC). Notice periods for breach-based reasons (14 days, immediate) were not changed.

Summary

Issuing a notice to vacate in Victoria is not a simple process. Since the November 2025 reforms, every notice must have a valid reason, most require 90 days’ notice, and many require specific documentary evidence. A notice that fails on any of these requirements is invalid — and if you’ve already waited 90 days before discovering the error, you’re starting again from scratch.

The prescribed form, the evidence requirements, the correct notice period, the correct termination date accounting for delivery time, the non-payment of rent numbering rules — each of these is a point of failure. Landlord Wise handles all of it: generating the correct form, validating the reason and notice period, prompting for required evidence, and calculating the termination date including delivery time.

Related guides for VIC landlords

If you are building out the full landlord workflow for this state, these guides connect this page to the rest of the tenancy process.

Same-state guides

• VIC lease agreement guide
• VIC rental bond guide
• VIC condition report guide
• VIC rent increase guide
• VIC break lease guide

Compare eviction and notice guides in other states

• WA eviction notice guide
• NSW eviction notice guide
• QLD eviction notice guide
• SA eviction notice guide
• Tasmania eviction notice guide
• ACT eviction notice guide